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Reasons
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(영문) 전주지방법원 2016.11.09 2014가단38144
물품대금
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1. The Defendant’s KRW 8,214,667 as well as the Plaintiff’s annual rate of 5% from November 7, 2014 to November 9, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C, sold sugar with husband D in wholesale or retail. From around 2010, the Plaintiff supplied the Defendant, who was engaged in the masseing business, such as YA, to the Defendant. The amount of goods unpaid by the Defendant by 2011 was KRW 34,152,00.

B. Since then, from 2012 to 2013, the Plaintiff supplied the Defendant with a white paper of the package as indicated in the “date of supply” on the date indicated in the “Date of Supply” column of the attached Table to the number indicated in the “number” column.

C. The Defendant paid to the Plaintiff a total of KRW 124,354,000 as the price for goods.

[Based on the basis of recognition] The facts without dispute; Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3, 10, 11, and 13 (if there are serial numbers, including each number; hereinafter the same shall apply); the result of the defendant's examination of part of the defendant himself; the result of the fact inquiry conducted on April 17, 2015 on the Korean corporation subject to legal fiction (hereinafter "Korean corporation"); the purport of the entire pleadings;

2. Determination as to the cause of action

A. The Plaintiff asserted by the parties, on 2012 and 2013, was supplied with 15 km or 500 km package bags, which the Defendant had already been supplied by the Plaintiff, instead of 15 km or 20 km package bags. The Plaintiff’s price converted the price supplied by the Plaintiff from the Plaintiff to the 15 km package, and paid the price in addition to a certain margin as determined by the Plaintiff. The Plaintiff’s “unit price for the Plaintiff’s assertion” as indicated in the attached Table was provided with 15 km or 18,500 won per 15 km or 16,500 won per 15 km for the year 2013 and 16,500 won per 15 km or 16,500 won per 34,152,000 won per 20,307,3000 won per 207,7301,700 won per 2037,407,70000 won per 7.

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